For the purposes of these “General Terms and Conditions of Sale”, the expressions and terms indicated below will have the following meanings:
GTC – this document – “General Terms and Conditions of Sale”, applicable to sales made in professional trade,
Seller – BIOX Jerzy Kiczyński based in Grajwo 16A, 11-500 Giżycko, NIP 845 000 58 69, office and production plant at ul. Suwalska 6f, 11-500 Gajewo,
Buyer – entrepreneur – a natural or legal person or a partnership with legal capacity that performs legal transactions as part of its business or professional activity,
Parties – Seller and Buyer,
Offer – a document issued by the Seller in response to the Buyer’s inquiry, containing basic information about the products offered for sale. The Seller is obliged to fulfill the order on the terms set out in the offer if it is placed within the time specified in the offer (validity date of the offer),
Order – information from the Buyer (written or e-mail) in response to the Seller’s offer, stating the willingness to purchase the products on the terms and conditions contained in the offer,
Confirmation – a document issued by the Seller confirming acceptance of the order for execution. Confirmation is sent each time, failure to receive it may indicate that the Seller has not received information about the acceptance of the offer.
II. General provisions
- The GTC apply to all product sales contracts concluded by the Seller from January 1, 2020.
- The General Terms and Conditions of Sale constitute an integral part of sales contracts concluded by the Seller.
- The provisions of the General Terms and Conditions of Sale may be changed or excluded only in writing with the consent of both parties, under pain of nullity.
- The conclusion of a written sales contract by the Seller with the Buyer containing regulations different from those indicated in the General Terms and Conditions excludes the application of the General Terms and Conditions only to the extent inconsistent with the provisions of the sales contract in question.
III. Conclusion of the contract
- All information about goods, including prices, contained on the website or advertising materials does not constitute an offer, but only an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. The Seller reserves the right to change the catalog of goods offered to Buyers at any time. Publications regarding the products offered by the Seller are for information purposes only, while patterns and samples issued by the Seller are for illustrative and exhibition purposes. Detailed technical data provided in the publications may change at any time, including due to constant changes in the technical industry.
- The basis for concluding a sales contract is the Buyer’s Order, which directly refers to the Offer presented to him earlier. The order may be sent traditionally by post or e-mail to one of the Seller’s publicly available addresses. In the event of any change to the Offer or introduction of reservations to it in the Buyer’s Order, the contract will be concluded only when the Seller confirms acceptance of the Order with changes or reservations.
- Any agreements, assurances, promises and guarantees made orally by the Seller’s employees in connection with concluding a contract or submitting an offer are not binding.
- For the conclusion of a sales contract or its amendment to be valid, all declarations exchanged between the parties in this respect should be delivered to the other party in writing by post or e-mail. This provision applies in particular to Offers, Orders and Order Confirmations.
- Data and technical drawings provided by the Buyer may constitute the basis for the execution of the contract if accepted by the Seller.
- The buyer takes full responsibility for the information provided, referred to in paragraph 5, and the Seller is not obliged to check them and is not responsible for the consequences of incorrect placing of the order by the Buyer.
IV. Offers and orders
- The condition for the effective conclusion of a sales contract is the placing of an order by the Buyer and the written confirmation of the order by the Seller (by letter to the company’s registered office address or via e-mail). Written order confirmation means that the Seller has received the order and accepted it for execution. Placing an order by the Buyer does not bind the Seller, and the lack of his response does not mean tacit acceptance of the order.
For the order to be effective, it is necessary to mention the offer number. If you do not provide the offer number, the order will not be processed.
Cancellation of the order by the Buyer is permitted only in exceptional situations after prior written arrangements with the Seller for cancellation of the order. The Seller reserves the right to charge the Buyer with the actual costs incurred up to the moment of cancellation – no more than the value of the order.
Any technical advice provided by the supplier is for information purposes only and does not result in any civil liability on the part of the Seller.
If the Seller’s inability to perform the service is due to force majeure, the Buyer is not entitled to any claim for compensation for damage resulting from non-performance or untimely performance of the contract.
V. Delivery dates and conditions
- The Seller is obliged to deliver the goods meeting the conditions specified in the order confirmation, i.e. date and place of delivery, quantity, type of goods, price.
- If the payment terms specify the form “prepayment”, the delivery deadline may be extended by the period of delay in making the payment. The date of payment is the day the Seller’s bank account is credited.
- The Seller is not liable for any losses, damages or costs (direct or indirect) resulting from the Buyer’s claims for delivery errors or delays caused by the actions of the shipping company.
- All benefits and burdens related to the goods and the risk of their accidental loss or damage are transferred to the Buyer upon release of the goods from the warehouse.
- If the delay in receipt of the goods exceeds 2 weeks or if the Buyer refuses to accept the goods, the rules specified in §3 section. 4.
- The buyer is obliged to check the compliance of the delivered goods with the order immediately after receiving the goods. He is obliged to check in particular: the condition of the shipment, as well as the quality, quantity and assortment of the delivered goods, and also immediately (i.e. no later than 5 business days) report any reservations in this respect to the carrier and the Seller by preparing a discrepancy report. The Seller reserves the right to inspect the reported damage at the place of delivery.
- The Seller reserves the ownership right to the sold goods, which means that the Seller is the owner of the goods until full payment for the received goods and other liabilities arising from the sales contract, regardless of the place of storage or installation in other items.
- Upon initiation of bankruptcy or arrangement proceedings against the Buyer, the Buyer is obliged to mark the goods in a manner indicating the existence of a reservation of ownership in favor of the Seller. In the event of seizure of goods owned by the Seller in the course of enforcement proceedings directed against the Buyer’s assets, the Buyer is obliged to immediately inform the Seller of this fact and cooperate in the exercise of his rights against the entity seizing the goods using all available means. At the Seller’s request, the Buyer is obliged to immediately provide all information about where the goods subject to retention of title are stored.
VI. Payments and prices
- The date and form of payment are agreed individually for each Buyer and are included in the offer and order confirmation sent to the Buyer.
- In the event of different arrangements between the parties, the price of the goods is the price resulting from the order confirmation.
- The buyer is obliged to pay the amount due for the sale of the goods within the period specified in the order confirmation and invoice.
- The day of payment is considered to be the day when the payment is credited to the Seller’s bank account specified on the invoice.
- If the Buyer fails to settle the payment within the prescribed period, the Seller is entitled to charge statutory interest for each day of delay, as well as to demand prepayment for goods from subsequent orders already accepted for execution.
- Failure to settle the amount due within the time specified on the invoice will authorize the Seller to interrupt the supply of goods and suspend the execution of already accepted orders. The Seller may make the execution of a new order placed by a Buyer who is in arrears with payments or pays invoices late on an advance payment for the Buyer’s new order.
- Filing a complaint does not release the Buyer from the obligation to make payment for the goods within the agreed deadline.
- The Seller provides a warranty for its products. The warranty period is 24 months for cranes and 12 months for other devices, counting from the date of sale. The warranty period may be extended to a maximum of 60 months, provided that the goods are used and stored properly and in a manner consistent with their intended use and technical properties, and that the device is delivered to the Seller within 12, 24, 36 and 48 months from the date of purchase. for the purpose of warranty inspection.
- Loss of warranty claims and warranty claims for defects are caused by the following actions: improper installation, improper operation, exceeding the technical parameters given in the relevant catalog cards or user manuals.
- The Seller is not responsible for the natural wear and tear of the goods resulting from their proper use.
- If the complaint is accepted, the Seller undertakes to replace the defective goods with defect-free goods at its own expense within the time agreed by the parties. If replacing the goods is impossible or requires the Seller to incur additional expenses, the Seller has the right to refuse to exchange the goods and refund the appropriate part of the price to the Buyer.
- Failure to pay for the goods results in the loss of the right to claim under the warranty.
- The Buyer loses warranty rights if the goods are repaired without the Seller’s consent expressed in writing under pain of nullity.
- The Seller’s liability for non-performance or improper performance of the sales contract is in each case limited to the amount of the net price of the goods covered by the contract, and the Seller may only be liable for foreseeable and typical damage to the Buyer.
VIII. Termination, withdrawal from the contract
- If the Seller performs the contract only in part, the Buyer may withdraw from the contract only as to its unfulfilled part.
- The Seller may withdraw from the contract if the Buyer fails to pay all or part of the price for the goods.
IX. Higher power
- If circumstances are beyond the control of the Seller and the Buyer, in particular disruptions in the production or transportation of goods caused by strikes, pandemics, factory and equipment failures, accidents, local or national threats, trade disputes, floods, fires, earthquakes, etc., delivery may be appropriately delayed or stopped, upon written notice, until normal conditions are restored.
X. Final provisions
- By accepting these General Terms and Conditions, the Buyer consents to the processing of his personal data by the Seller and entities acting on his behalf in Poland and abroad, in connection with the implementation of contracts for the sale of goods offered by the Seller.
- The Buyer may not, without the Seller’s consent, transfer knowledge and information obtained as a result of business contacts with the Seller to third parties in matters covered by trade secrets.
- The law applicable to the General Terms and Conditions is Polish law.
- In matters not regulated in these General Terms and Conditions, the provisions of the Civil Code shall apply. The competent court to resolve any disputes will be the court of competent jurisdiction indicated by the Seller.
- The parties will strive to amicably settle any disputes arising in connection with the performance of contracts covered by these terms and conditions. If the matter cannot be resolved amicably, the court competent for the Seller’s registered office will be competent to resolve the dispute.
BIOX Jerzy Kiczyński
Grajwo 16A, 11-500 Giżycko
phone: +48 87 428 26 64
|office and production facility:
BIOX Jerzy Kiczyński
Suwalska 6f, 11-500 Gajewo
phone: +48 87 428 26 64